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2026 Supreme(Raj) 571

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SAMEER JAIN, J. 
Shyam Bihari Bairwa S/o Shri Sukha Ram - Petitioner
Versus
State Of Rajasthan, Through The Deputy Secretary To The Government, Department Of Personnel - Respondent
S.B. Civil Writ Petition No. 2599 of 2026, S.B. Civil Writ Petition No. 3128 of 2026, S.B. Civil Writ Petition No. 3166 of 2026
Decided On : 17-03-2026

Advocates Appeared:
For the Petitioner: Mr. Ankur Mathur with Mr. Harshvardhan Thanvi Mr. Kailash Prajapat
For the Respondent: Mr. Arpit Samaria for Mr. N. S. Rathore, AAG Mr. Nitesh Mathur, AGC with Mr. Ravi Shankar Mr. P.S. Chundawat, AGC with Mr. Mayanak Vyas

JUDGMENT :

SAMEER JAIN, J. 

1. In the present batch of writ petitions, the scope of the controversy involved, albeit not limited to, is broadly and predominantly defined by the challenge raised qua the legality and validity of the suspension order dated 11.08.2025 (Annexure-4), the subsequent order dated 31.12.2025 (Annexure-9), and the adjudicatory order dated 22.01.2026 (Annexure-10) passed by the learned Rajasthan Civil Services Appellate Tribunal (for short, ‘RCSAT’), whereby the appeal preferred by the petitioners seeking revocation of suspension was dismissed.

2. Consequently, considering the fact that the present writ petitions warrant adjudication on common questions of law and fact; with the mutual consent of learned counsel appearing on behalf of all the parties, S.B. Civil Writ Petition No.2599/2026 titled Shyam Bihari Bairwa v. State of Rajasthan & Ors. is being taken up as the lead case. It is cautiously clarified that any discrepancies in the present batch of writ petitions, pertain purely to the factual narratives contained therein and not vis-à-vis the questions of law to be determined by this Court; the instant judgment shall be applicable to the connected petitions herein mutatis mutandis.

3. The lead petition is filed with the following prayers:-

“(i) By an appropriate writ, order or direction the orders dated 11.08.2025 (Annexure-4), 31.12.2025 (Annexure-9) and 22.01.2026 (Annexure-10) may kindly be quashed and set-aside.

(ii) By an appropriate writ, order or direction, the petitioner may kindly be allowed to perform & discharge his duties on the post of Executive Engineer, Division-Jalore.

(iii) Any other appropriate writ, order, or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

(iv) Writ petition filed by the petitioner may kindly be allowed with costs.”

4. Hence, by way of the present petitions, it has been prayed that the petitioners may be permitted to perform and discharge the duties on the post of Executive Engineer, Division Jalore.

FACTUAL MATRIX

5. Before adverting to the rival submissions and entering upon the realm of arguments advanced by the learned counsel for the respective parties, it is considered apposite to delineate the factual background and the circumstances, in a nutshell, which have culminated in the present adjudication.

6. The petitioners were working on the post of Executive Engineer, Division Jalore with the respondent-department, having been transferred to the said post vide order dated 20.04.2021, 16.06.2022, and 06.10.2023 (Annexure-2) respectively. The foundational dispute stems from a communication along with four Notice Inviting Tenders (for short, ‘N.I.Ts’) dated 11.10.2018 and the work order dated 24.12.2018 issued by the respondent- department, which pertain to the supplying, installation, operation, and maintenance of energy-efficient pump machinery under the Urban Water Supply Scheme, executed under the Public Private Partnership with an Energy Saving Company (for short, ‘PPP-ESCO Model’) for a period of 15 years. It is pertinent to note that the said work order was allotted during the year 2017-18.

7. It is alleged that certain irregularities resulting in financial loss occurred on account of the conduct of the petitioners/officers, which eventually reached the courts. In anticipation of initiation of the disciplinary proceedings vis-à-vis financial irregularities, allegedly committed in the operation and maintenance of the said scheme, suspension order dated 11.08.2025 qua the petitioners was issued under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short, ‘CCA Rules, 1958’).

8. It is pertinent to note that detailed charge-sheets, in pursuance thereof, were duly issued on 20.11.2025 under Rule 16 of the CCA Rules, 1958 (Annexure-7), wherein the allegations levelled qua the petitioners specify that the irregularities were approx

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